Selectmen reverse decision on easement, legal fees

FAIRHAVEN — The Board of Selectmen Monday reversed its decision to require a Green Street resident to pay $6,300 in legal fees for an easement granted to him by Town Meeting.

ARIEL WITTENBERG

FAIRHAVEN — The Board of Selectmen Monday reversed its decision to require a Green Street resident to pay $6,300 in legal fees for an easement granted to him by Town Meeting.

In May, Town Meeting voted to approve the easement, which grants a slice of Cushman Park to Bradford Souza, who lives at 188 Green St., because the stairway leading to his home crosses the property line into the park. The easement was approved by the state Legislature in September.

Selectmen initially voted to require Souza to pay for the legal fees related to the easement at their Oct. 15 meeting.

That vote dumbfounded both Souza and his lawyer, Ben Dowling.

"It was a mystery to me from the beginning why they charged my client," Dowling said. "The town regularly has to pay legal fees associated with Town Meeting. That's part of town government; this shouldn't have been any different."

Selectmen reversed the decision at their Monday night meeting attended by Dowling and former selectman Michael Silvia. Silvia, who wrote the article passed by Town Meeting, said he decided to speak on Souza's behalf because he "didn't think it was fair" that Souza was being asked to do something that was not passed by Town Meeting.

"This wasn't what was voted on, and each article has a legal component," he said.

Selectman Charlie Murphy said the board was persuaded by Dowling to reverse its decision.

"He explained very clearly to us that what Town Meeting passed did not include legal fees and that it was not fair," Murphy said.

Murphy said this is the first time selectmen have had to pass an easement at Town Meeting, so they were unclear on the regulations.

"But when I thought about it again, I realized that we don't charge people for legal fees for liquor licenses or anything else," he said. "We reversed our decision in the interest of fairness."

Chairman Brian Bowcock did not respond to requests for comment on the board's reversal but in October explained that the board originally charged Souza because "the town expended a considerable amount of money in legal fees and research to get the easement approved by the Legislature for him."

"He is the one who benefits from this activity, so he should be the one who pays for it," Bowcock said.